Legal Opinion

State v. Prado

Court of Appeals of Washington

Decided July 7, 2008No. 59133-9-IPublishedCited by 10 opinions

1Opinion of the CourtGrosse, J.

¶1 Washington State’s requirement that automobile drivers remain within a single lane of travel “as nearly as practicable” does not impose strict liability.1 A vehicle crossing over a lane once for one second by two tire widths does not, without more, constitute a traffic violation justifying a stop by a police officer. We affirm the superior court’s RALJ decision.

FACTS

¶2 Benjamin Tonelli Prado was stopped in May 2004 as he exited Interstate 5 at James Street. A police officer observed Tonelli Prado’s car cross an eight-inch white line dividing the exit lane from the adjacent lane by…

2Cases cited6 opinions

  1. State v. LarsonWashington Supreme Court · 1980
  2. State v. Cerny, Texas Court of Appeals, 13th District2000
  3. State v. GullettOhio Court of Appeals · 1992
  4. State v. LivingstonCourt of Appeals of Arizona · 2003
  5. State v. ByrdCourt of Appeals of Washington · 2002

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3Cited by10 opinions

  1. State v. McLeanCourt of Appeals of Washington · 2013
  2. Joanna S. Robinson v. State of IndianaIndiana Court of Appeals · 2013
  3. State v. JonesCourt of Appeals of Washington · 2015
  4. State Of Washington v. Artur TysyachukCourt of Appeals of Washington · 2020
  5. State of Washington v. Erica C. Magallon AlvarezCourt of Appeals of Washington · 2018

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